The majority of employers take many measures to help make sure their employees are as safe as possible at work. Employers may decide to provide extra safety training, purchase and install safety technology, or form safety committees, just to name a few examples. Unfortunately, despite the most diligent efforts, it is likely that at some point, an employee will sustain a work-related injury. When that happens, the employee may file for workers’ compensation.
The modern workers’ compensation system can trace its origin to the Workers’ Accident Insurance system that was put into place by Otto von Bismark in 1881. The motivation behind enacting this system was what was referenced as the “unholy trinity” of tort defenses that were available at that time, including contributory negligence, assumption of risk, and the fellow servant rule. In other words, it was much more difficult for injured employees to be compensated if they were injured on the job.
Different states here in the United States started implementing workers’ compensation systems before the turn of the century, with the first state-wide system being instituted by Maryland in 1902. Workers’ compensation provided a much needed outlet for injured employees to seek compensation for industrial injuries. The workers’ compensation system is designed to protect both the employer and the injured employee. Workers’ compensation in California is a “no fault” system. This means that the injured employee does not have to prove the injury was a result of negligence or intentional acts on behalf of the employer. Similarly, the employer is protected from law suits from the employee, with only a few exceptions.
It is no secret that at the turn of the century, industrial working conditions for most Americans were quite dangerous, with few regulations in place to require employers make sure their workers were safe. Especially in factories or manual labor fields, it was common for employees to sustain truly horrific injuries. By instituting worker’s compensation, employers were motivated to make sure their businesses were as safe as possible for their employees. In addition, employers could feel at ease knowing that their employees could not sue for negligence if the employee sustained an injury because the employer overlooked some safety measure.
We have extensive experience helping our clients understand the workers’ compensation system. Call us today to talk about what we can do to help you.